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June 22, 2012

Chatsworth family appeals bullying lawsuit decision

Rachel Brown rachelbrown@daltoncitizen.com

The parents of a Murray County teen are appealing the dismissal by a federal judge last month of a lawsuit they brought against the school system and principal alleging the teen killed himself in October 2009 because he was bullied at school.

W. Winston Briggs, the Atlanta-based attorney for Chatsworth residents David and Tina Long, said he filed an appeal with the 11th Circuit Court of Appeals based in Atlanta on June 15. The appeal is in response to Judge Harold Murphy in Rome dismissing the lawsuit which sought unspecified damages and claimed that Tyler Long committed suicide because of persistent bullying that school officials, including Murray County High School Principal Gina Linder and Murray County Schools officials in general, failed to address.

“We think that’s a mistake, and we’re hoping to get it reversed on appeal,” Briggs said.

When the suit was dismissed last month, David Long said it was “a sad day” when “a school district can be said not to be liable for the safety of a kid.”

Murphy stated in his opinion that the school system “did not have a constitutional duty to ensure Tyler’s safety from private actors.” Defense attorney Martha Pearson said at the time of the dismissal that the school system was “extremely pleased” with the ruling after fighting the lawsuit for a year and a half. Information on how much the district has had to spend fighting the lawsuit wasn’t immediately available.

Briggs said he doesn’t expect a decision in the appeals court until at least next year.

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